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Contracts Keyed to Barnett
Martinez-Gonzalez v. Elkhorn Packing Co.
Citation:
United States Court of Appeals for the Ninth Circuit 25 F.4th 613 (2022)Facts
Esteban Martinez-Gonzalez, a Mexican national, was recruited to work in the United States under the H-2A visa program by Elkhorn Packing Co. After a 24-hour bus journey from Mexico to California, Martinez-Gonzalez and other workers were immediately taken to a hotel where they were required to sign various employment documents, including an arbitration agreement. The documents were in English, which Martinez-Gonzalez did not understand well, and were presented in a rushed manner with minimal explanation. Workers were not given copies of the documents they signed. Martinez-Gonzalez later sued Elkhorn for various labor law violations, and Elkhorn moved to compel arbitration based on the signed agreement.
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